BANCHHANIDHI PATRA Vs. BHAGABAT PRASAD PANDA

JUDGEMENT

(1.) This petition challenges the order dated 4.8.2016 passed by the learned Civil Judge (Senior Division), Nilgiri in C.S. No.1 of 2016. By the said order, learned trial court rejected the application of the petitioners under Order 1, Rule 10 Civil Procedure Code for impleadment.

(2.) Opposite party nos.1 and 2 as plaintiffs instituted the suit for declaration that the suit property is the exclusive property of the plaintiffs and permanent injunction impleading the State of Orissa-opposite party no.3 as sole defendant. Case of the plaintiffs is that due to wrong preparation of ROR and the map in the major settlement, the suit land has been recorded as public road. When the defendant threatened to demolish the boundary wall, they instituted the suit. While the matter stood thus, the petitioners, who are the villagers, filed an application under Order 1, Rule 10 Civil Procedure Code for impleadment. It is stated that they are the permanent inhabitants of village Rajnagar and Sankhua. They came to know that the plaintiffs have instituted the suit against the defendant without complying the provisions under Order 1, Rule 8 Civil Procedure Code by suppressing the material facts. The suit land is a public road and, as such, they have direct interest over the same. The plaintiffs filed an objection to the same contending, inter alia, that most of the intervenors are not the villagers where the suit land is situated. They have no interest over the suit schedule land and, as such, they are not necessary parties to the suit. The intervenors are neither necessary parties nor proper parties to the suit. In the event the intervenors are added, the same will cause delay in disposal of the suit. Learned trial court came to hold that the plaintiff is the dominuslitis. The intervenors are neither necessary nor proper parties to the suit. Held so, learned trial court rejected the application.

(3.) Heard Mr. Maheswar Mohanty, learned counsel for the petitioners, Mr. Alok Kumar Mohanty, learned counsel for the opposite parties 1 and 2 and learned Addl. Government Advocate for opposite party no.3.